Under Telephone Seminars

Payroll Recordkeeping: What You Need to Know ...mber of lawsuits and claims for overtime and unpaid wages under the Fair Labor Standards Act. Did you realize that liability for FLSA violations can be enormous? Recent reports estimate that over the last few years companies have collectively paid out more than $1 billion annually to resolve FLSA claims! Learn the role of the FLSA and its requirements as to the records to be kept by the  more...

What You Need to Know About Section 404 Permits ... on a project site, determination of federal jurisdiction under the Clean Water Act and ultimately the need for any permits can influence project design, schedule and cost. In today's atmosphere of changing regulatory practices, particularly with respect to the determination of federal jurisdiction, it is critical to understand how the Corps administers its regulatory programs. This live audio  more...

Paralegal's Guide to Administrative Law Research ...state rules. Agencies also adjudicate disputes that arise under the implementation of their rules and issue written decisions which can affect the interpretation of those rules. The Internet is a source for some of this material, but is not a one stop access area to everything a researcher could need in tracking down a regulation or decision. This live audio conference establishes a context  more...

Voyage to Discovery: Using Interview and Witness Behavioral Analysis ...information gathering. If the person being interviewed is under oath or on the stand and if, in particular they have dissimilar goals; the obtaining of direct and complete answers may be difficult. The challenge is how to obtain the testimony needed when faced with adversarial or guarded witnesses. What is the best way to ask questions so that they will be answered? How might the behavioral  more...

Voyage to Discovery: Using Interview and Witness Behavioral Analysis ...information gathering. If the person being interviewed is under oath or on the stand and if, in particular they have dissimilar goals; the obtaining of direct and complete answers may be difficult. The challenge is how to obtain the testimony needed when faced with adversarial or guarded witnesses. What is the best way to ask questions so that they will be answered? How might the behavioral  more...

Cell Tower Zoning: Overview and Current Issues ...io conference will describe the major elements and issues under the 1996 Federal cell tower zoning statute, including the FCC's 2009 shot clock rule setting 90/150 day deadlines to act on zoning applications, the pending FCC Notice of Inquiry on cell tower zoning, the major federal zoning cases involving cellular towers and practice pointers on how municipalities can successfully handle cell  more...

Medicare Secondary Payer Act: Protecting Medicare's Interest In Insurance Settlements ...nt has been made or can reasonably be expected to be made under a workers' compensation law or plan of the United States or a state, or under an automobile or liability insurance policy or plan (including a self-insured plan), or under no fault insurance. By law, Medicare has a priority right of recovery from the primary payer as well as from parties in receipt of third-party payments, such as  more...

Domestic Asset Protection Trusts: Fundamentals and New Approaches ...ious Domestic Asset Protection Trusts ('DAPTs') permitted under state law and the reasons why one state law may be preferred over another. There will also be a discussion of the most recent applications involving trusts for protection and other uses. Examples include the use of a DAPT as a completed gift trust under the current income, gift, estate and generation-skipping transfer tax rules,  more...

Domestic Asset Protection Trusts: Fundamentals and New Approaches ...ious Domestic Asset Protection Trusts ('DAPTs') permitted under state law and the reasons why one state law may be preferred over another. There will also be a discussion of the most recent applications involving trusts for protection and other uses. Examples include the use of a DAPT as a completed gift trust under the current income, gift, estate and generation-skipping transfer tax rules,  more...

Reclaiming Goods in Debt Collection ... practice tips for crafting effective reclamation demands under UCC Section 2-702 and learn how to avoid common missteps in the enforcement of UCC security interests. Attend this live audio conference and obtain important information on how Bankruptcy Code affects reclamation rights of creditors. This live audio conference is designed for credit and collection managers, attorneys, presidents,  more...

HIPAA Security Compliance Challenges after the HITECH Act ... with the HIPAA security regulation. All entities covered under HIPAA must take special care of electronic patient health information, including establishing policies and taking regular actions as part of a security management process. Under new regulations due to the HITECH Act more entities than ever need to be in compliance, and HHS compliance audit activity and enforcement penalties are  more...

Daubert Motions: Challenging Expert Opinions ...s in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence. This live audio conference will give you the ammunition you need to challenge  more...

Protecting Attorney Work Product in Communications With Experts Under the Amended Federal Rules BenefitsIn December 2010, sweeping changes were made to Federal Rule of Civil Procedure 26, including the rules regarding expert discovery, in an effort to avoid unnecessary discovery disputes and litigation practices that waste significant costs. Learn how the new rules are being applied in practice, and the significant impact they have on discovery into communications between lawyers and experts  more...

Implications of Medical Marijuana in the Workplace ...uana laws impact your obligations as a federal contractor under the Drug-Free Workplace Act? This live audio conference will help you work through the thorny issues in hiring, disciplining and other employment related matters within your organization. This program will also help you draft new policies or revise existing policies incorporating the requirements of their state medical marijuana  more...

Intermittent Leave Under FMLA ...fronted with various issues related to intermittent leave under FMLA. This live audio conference will help front line personnel identify and handle intermittent leave issues. The program will address the legal and human resources issues confronted by employers and provide practical steps and procedures for employers to follow. This live audio conference is designed for human resource managers,  more...

Unrelated Business Income Tax ...tant and very diverse sector. The tax-exempt community is under a microscope. Problems that a few years ago might have gone unnoticed now get picked up and widely broadcast. Recent IRS compliance initiatives in governance, transparency, abusive tax avoidance transactions, executive compensation, tax-exempt hospitals and community benefit, and the current ongoing initiative involving colleges  more...

Powers of Attorney: Medical Records Release Concerns ...understand that each day personal health information is transmitted in various forms between hospitals, doctors, attorneys, insurance companies, patients and their lawyers and families. With increasing reliance on electronic medical records health information can be transmitted with minimal effort. However, health information requests become more confusing and less streamlined when dealing with  more...

FLSA New Fluctuating Workweek Regulatory Guidance ...luctuating workweek' methodology for calculating overtime under the FLSA. Of particular concern to employers, the DOL in its regulatory preamble stated that the payment of bonuses, shift differentials, and certain other forms of premium pay are inconsistent with and can invalidate an employer's use of fluctuating workweek methodology. This live audio conference will provide an in-depth  more...

NEPA: Understanding the Basics ...ies, their consultants and affected citizens do not fully understand the regulations, legal interpretations and practices for properly complying with NEPA. Thus, there are many mistakes in implementing the law. This live audio conference will identify some of the most common mistakes made under NEPA and reveal the best ways to avoid them. You will get practical advice for preparing useful and  more...

Current Issues in Real Estate Appraisals ...l also be discussed including the valuation of a property under multiple scenarios, reflecting risk in the valuation process, understanding complex comparable sales, adjustments to comparable sales, using sales volume as a measure of market strength and an overview of the issues relating to the valuation of 'green buildings'. This live audio conference is designed for presidents, vice  more...

Understanding the Pregnancy Discrimination Act, Employee Family Leave Laws and Return-to-Work Issues ...nsatory damages and punitive damages. Employers need to understand the application and interplay between the laws protecting pregnant employees and providing medical leave. This live audio conference will help employers understand the protections provided by the PDA, when an employee may be entitled to leave under the FMLA or the ADA and what rights she has upon her return to work. This  more...

The New ADA Design Standards: When, Where and How? ...0, the Department of Justice adopted new design standards under the Americans with Disabilities Act, including the 2004 ADA and ABA guidelines. This live audio conference will provide you with an overview of the new rules, highlights of the major changes, and the potential implications for your business and clients. Presenters include two of the past chairs of the U.S. Access Board. Learning  more...

Storm Water Pollution Prevention Plans (SWPPP): Developing a SWPPP and the New EPA Storm Water Rules ...is moving forward with plans to set storm water standards under the national pollution discharge elimination system. This change in direction will require industry, developers, states and local governments to take steps to reduce runoff, including development of a SWPPP or MS4 program and incorporation of best management practices. This live audio conference will inform you about regulatory  more...

Americans With Disabilities Act - The Reasonable Accommodation Process BenefitsThis live audio conference will review practical issues you have to handle when it comes to the Americans With Disabilities Act. This audio conference will review what employment policies should be contained in your employee handbook, when you can make a medical inquiry, what is a disability-related inquiry, how you should handle a reasonable accommodation request under the Americans With  more...

Understanding and Complying With Disclosures Under Rule 26(A) BenefitsElectronic discovery has fundamentally altered both the corporate and legal worlds. The discovery and production of electronic records is now expected by litigants and courts alike. You will learn about the amended federal rules relating to electronic discovery and recent case law interpreting these rules. This live audio conference will also discuss benchmarking data that assesses how  more...

Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend ...e cost coverage is allocated and defense costs reimbursed under difference types of insurance policies, as among insurers, and as between insurers and insureds. Areas addressed will include critical components of the 'duty to defend,' key principles of defense coverage provided under 'duty to defend,' defense cost advancement, and defense cost reimbursement types of policies, the methodology  more...

Advanced Issues in GMP Contracting ...acts and the contracts that the users are used to working under, how to manage the risks that are inherent to this delivery system, or the additional administrative burden that accompanies the use of this format. This live audio conference is designed to highlight those differences and equip you with the knowledge needed to both understand and manage the differences and unique risks and  more...

Wetlands Challenges and Use of Mitigation Bank Credits ... and production activities, among many others. Failure to understand and manage these issues had resulted in fines, litigation, and extensive delays in construction. Planning ahead, identifying wetlands, and developing a mitigation strategy before moving dirt is critical to the success of projects involving or affecting wetlands. This live audio conference will provide the background and guide  more...

Key Elements and Legal Lessons Surrounding Donor Intent ...purpose generally can be used only for that purpose. But, under certain circumstances, a charity may be permitted to release or modify restrictions imposed on a gift. Understanding when and how such restrictions may be modified - and when donors may have standing to enforce the terms of their gift - is crucial both to charitable organizations and to donors. This live audio conference will help  more...

Understanding Your Summary Plan Descriptions ...PD is an important disclosure document that describes, in understandable terms, the rights, benefits and responsibilities of participants and beneficiaries in ERISA-covered health and welfare benefit plans. The SPD must include important information regarding the plan, such as information on how the plan works, eligibility requirements, what benefits the plan provides and how those benefits may  more...

Students With Disabilities: How to Legally Discipline ...under IDEA or Section 504 of the Rehabilitation Act are frequently the subject of student disciplinary proceedings in public school districts. It is imperative that public school district officials understand the obligations imposed by the statutes and how to fulfill these obligations. This live audio conference will help the person responsible for overseeing and/or training individuals  more...

Job Order Contracting Fundamentals ...ing and managing a JOC. Contractors should emerge with an understanding of how to develop a coefficient, what skillsets are needed to scope, estimate and perform work under a JOC. Learning Objectives: - You will be able to describe the competitive pricing component. - You will be able to discuss preparing for and managing a JOC. - You will be able to explain the JOC delivery order process. -  more...

Problems and Risks Associated With Green Construction ...new challenges in risk and liability that need to be well understood in order to reduce potential for failure or under performance, and litigation that may result from unforeseen problems. The lack of proper preparation to address risk and liability in a building project may cause a developer to confront problems in the form of red-tape, job site interruptions and negative bottom-line impacts.  more...

Discharge Codes: Impact on the Post-Acute Care Transfer Policy - Risks and Rewards ...understanding and application of discharge codes may result in reduced hospital reimbursement and represent a compliance risk under the PACT policy. William E. Haik, M.D. has been involved in ICD-9-CM coding and chart documentation for more than 25 years and will explain why the problem exists and how to remedy it. This live audio conference is designed for medical records directors, health  more...

Wage and Hour Update: Overtime Concerns With Mobile Devices BenefitsEmployer expectations for 24/7 access to employees is now the norm for many industries as new technologies allow work to be done virtually anywhere at any time. Serious questions have emerged about how employers should limit, monitor and compensate remote work hours. Recent litigation trends also show that compensation for time worked away from the office during nontraditional hours is  more...

Curbing FMLA Abuse: How to Manage Manipulative Employees ...fitsAbout 62% of workers nationally qualify to take leave under the FMLA, and over 50 million employees have taken advantage of leave under the Act. Managing FMLA leave can be extremely challenging for employers, especially in the face of rampant employee abuse. However, there are tools available to employers seeking to minimize abuse of the protections provided by the FMLA. While there is no  more...

Tax Planning and Guidance for Business Travel and Entertainment Deductions ...sure you can take full advantage of the deduction allowed under the federal tax code. Ensure that your records will stand the test of a tax audit. Fine tune your understanding of when an employee's meal is 100% deductible and when it is only 50% deductible. Understand when foreign travel is deductible and the limitations on personal travel and entertainment mixed with business travel and  more...

Contractor Guidance on Avoiding OSHA and Other Legal Problems ...n theories; (2) managing OSHA and other government visits under the DOL 'Plan/Prevent/Protect' approach; and (3) discuss practical worksite strategies to improve the safety management process in a fashion that increases productivity and profits. This live audio conference is designed for attorneys, construction and project managers, owners, presidents, vice presidents, human resource managers,  more...

Effective UCC Search Strategies to Minimize Risk ...by the debtor's predecessors in interest or by the debtor under prior names or in prior locations. In addition, other liens not governed by Article 9 must be taken into account and those liens are not held to the same standards that affect searchability as Article 9 security interests. Searching is not a mechanical process and there is no procedure that guarantees comprehensive results in every  more...

Ready Access CBT Training: Methods for Training Your Clients in the Use of CBT While Strengthening and Broadening Your Own CBT S ...not the most effective psychological tool for therapists. Understanding the concepts as a professional is a given. Explaining it to a client in a useful, meaningful, remember-able way can be a challenge. Unless your client understands the concepts, can apply them and has access to them under stress, therapy becomes an ongoing repetitive process that falls short of its full potential. This live  more...

IRS Form 941 Reporting Update ... tax collection system. Much of the administrative burden under that system falls on employers. An employer's failure to understand and comply with its obligations can result in IRS assessments, audits and penalties. This live audio conference will help tax and payroll specialists and others with an interest in this issue to understand the employer's obligations under the employment tax  more...

Self-Auditing Your Employee Benefits:A Guide to What May Need Fixing ...onsumed by the day-to-day issues and questions that arise under your benefit plans and the typical annual processes and compliance requirements already in place. It is difficult to take the time to step back and ask what issues may be lurking that could create significant liabilities and penalties for the employer that are not being identified under your current processes and procedures. This  more...

Tips for Calculating a Regular Rate of Pay For Your Employees ...at rate affects overtime payments. Most covered employers understand that they must pay overtime compensation at the rate of 'time and a half' to nonexempt employees. But time and a half of what? Under the FLSA and most state counterparts, time and a half is based upon an employee's 'regular rate' of pay. Thus, determining the 'regular rate' of pay is critical to calculating the amount of  more...

Planning for Renewable Incentives in 2011 and Beyond ...under section 1603 of the ARRA has been both a lifesaver and a game changer. However, section 1603 is likely to disappear after 2011 unless construction has begun on a project before then. This live audio conference will focus first on what is required to 'begin construction' under section 1603, and will feature Victoria McDowell of the Treasury Department. Victoria McDowell will bring  more...

Commercial Tenant Notifications: Priorities and Pitfalls ...ize the landlord's right to collect amounts due and owing under the lease, prolong the right to evict a defaulting tenant and even expose an innocent landlord to civil liability. This live audio conference is designed to assist commercial landlords, property management corporations and attorneys representing these entities to avoid common pitfalls associated with tenant notifications and to  more...

Understanding UCC Article 9 Foreclosures ...nges in protecting their interests, foreclosing on assets under UCC Article 9 may be the right option. If appropriate, a public auction, private sale or friendly foreclosure under Article 9 may provide a quick and relatively inexpensive resolution. The UCC foreclosure process contains some pitfalls you need to avoid and obstacles that should be addressed. However, with careful planning, these  more...

Preparing for Medicaid Audits ...rn has caused shortfalls to many states' overall budgets. Under recently enacted health care reform legislation the Medicaid program and its projected budgetary shortfalls is only going to expand. Those states are now looking toward Medicaid providers to make up the shortfall, through the use of post payment audits and overpayment recovery. The use of statistics based upon a small sample of  more...

Avoiding the Basic Pitfalls of GMP Contracting ...strongly suggest that the parties using them do not fully understand: the differences between GMP contracts and the contracts that the users are used to working under, or the risks that are inherent to this delivery system. This audio conference will highlight basic differences and alert you to the unique risks of using this format. Mr. Burnham will draw and share from his many years of  more...

Partnerships and Section 704(c) ...y or are distributed from such an entity. The regulations under Section 704(c) provide a very flexible but very complicated set of rules for required allocations that apply to contributions property to or distributions property from an entity that is treated as a partnership. This audio conference is designed to help the drafters of the basic operating documents for an entity treated as a  more...

Status Classification: Exempt vs. Nonexempt ...f their rightful pay. This audio conference will help you understand the overtime exemptions available under the law, the nature of the claims asserted by plaintiffs, and the newest areas of focus and arguments advanced by plaintiffs' counsel. It will also explain what steps you can take to assure proper classifications and to minimize the likelihood and success of these misclassification  more...

Dealing With Employees Who Have Been Charged With a Crime ...its employees has been arrested and charged with a crime. Under our legal system, the familiar mantra is that an arrested person is innocent until proven guilty. So, what can you do to address situations where an employee has been arrested, or has been charged, or incarcerated for a crime but has not yet been convicted? For example, can an employer fire such an employee before any charges have  more...

Curing Title Exceptions ... that provide coverage against a spectrum of title risks. Under what circumstances will title insurance be available to insure against mechanics liens, judgment liens, tax liens and other recurring statutory liens? This audio conference will discuss and compare practical pre-closing solutions to real estate title problems involving sellers, buyers and lenders. This program is primarily  more...

Collateral Valuation in the New Economy ...an entirely different valuation approach than is possible under traditional models. Only the architects of these investments understand how to deconstruct them to reveal the key factors in determining value. Collateral valuation today is less a function of appraisal methodologies than it is a legal exercise for structured finance and creditors' rights attorneys. In this audio conference, three  more...

Hot Topics in Retail Leasing ...erous and expensive. The retail and mall business plan is under attack and the retail complex owners are consolidating and stripping retail profits via lease regulation, hidden charges and profit centers for what were 'pass through services'. Many retail tenants are unable to live out their lease terms due to the economy and the 'killer retail lease' forms being utilized by the larger retail  more...

New Disclosures Required on the Credit Quality of Finance Receivables and the Allowance for Credit Losses under FASB ASU 2010-2 ...ASU 2010-20 and discusses the new disclosure requirements under this pronouncement. This ASU is not limited to financial institutions. It applies to all companies, public and private, and with few exceptions to all financing receivables. A financing receivable is a contractual right to receive money on demand or on fixed or determinable dates that is recognized as an asset by a company.  more...

Options Under Section 504 ...liance. Comply with these obligations and avoid liability under this statute. Learning Objectives - You will be able to identify the obligations imposed on public and private educational institutions. - You will be able to review the dimensions of FAPE as required by the U.S. Department of Education's regulations under Section 504. - You will be able to identify reasonable accommodations. -  more...

Implied Obligations in Construction Contracts ...acts there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation. During this national audio  more...

Legal Causation and Disability in Workers' Compensation ...is audio conference is designed for everyone who needs an understanding of the workers' compensation system, and what is required of employers and their insurers. We will provide an overview of the issues and what steps you can take to minimize your workers' compensation expenses. We will discuss what injuries are covered by workers' compensation and what benefits employees receive under the  more...

Executory Contracts Under Bankruptcy ...understanding of executory contracts and unexpired leases, and what they are. It will examine the strategic issues whether you represent the debtor, the nondebtor party to the lease or contract, or other interested parties. The speaker will discuss what to do during the period between the bankruptcy filing and assumption or rejection, as well as how to calculate rejection damage claims. This  more...

Commercial Landlord Tenant Law in California ...story, credit is tight and many commercial properties are under water. Nobody is sure what the future holds and this keeps a lot of people on the sidelines. This audio conference is geared to help you understand the current market dynamics, what kind of deals are possible, and what your priorities have to be in dealing with the current conditions. This audio conference is designed for  more...

Recent Developments in Material Participation for LLCs and LLPs ...attack is that members of a limited liability entity are, under applicable treasury regulations, equivalent to limited partners in a limited partnership and must pass a more restrictive test to establish that they materially participated in the operations of the business. A series of recent cases has uniformly rejected the IRS's attacks under varying theories and the IRS has stated that it will  more...

Family Limited Partnerships in Estate Planning ...partnerships or family limited liability companies do not understand the reasons for forming these entities in the planning process. They also are not clear on what is the current status of statutory and case law concerning the continued use of these entities. This audio conference will help you learn to identify when the use of this entity for a particular client situation is warranted and  more...

Trust Situs and State Taxation: Practical Planning Implications ... state fiscal issues. Trusts are no exceptions. The rules under which a state can tax a trust are complex and changing in more aggressive ways. How can a state tax a trust? What planning steps can be taken? What must you understand when preparing tax returns? Each rule and planning step also has many significant implications with regards to other aspects of trust planning that you need to  more...

Complying With OSHA Recordkeeping Requirements ...understand the scope or complexity of the various recordkeeping obligations under OSHA's laws and regulations. This audio conference will provide guidance as to OSHA's recordkeeping requirements, including pending regulatory changes and trends. Learn about OSHA's new penalty policy, as well as the pending OSHA Reform Bill hidden in the Miner Safety and Health Act. Complying with OSHA's complex  more...

Medical Privacy Rights of Minors ...ectives - You will be able to define the rights of minors under HIPAA. - You will be able to explain right to disclose vs. obligation to disclose. - You will be able to discuss practical tips for addressing minor rights issues. This audio conference is designed for medical records directors, attorneys, health information directors, medical facility administrators, compliance officers, billing  more...

Competitive Public Bidding and Public Contract Code in Florida ...able in the private sector. This teleconference helps you understand how to obtain contracts with the government and better understand the requirements to effectively compete in a public procurement. By reviewing the Florida statutes, ordinances, regulations and case law applicable to government contracts, you will ensure you are positioned to become an awardee for government contracts, how to  more...

Impact of Health Care Reform on Elder Law BenefitsThis teleconference will teach you how the recent health care act will affect seniors and persons with disabilities. President Obama signed into law, in March of this year, the Patient Protection and Affordability Act of 2010 and the Health Care and Education Reconciliation Act of 2010. These together are referred to as the Affordability Care Act. This act makes changes to Medicaid and  more...

Understanding the Legal Concepts of Adverse Possession of Real Property in New York State ...of claims. Recently, one frequently disputed and often misunderstood element to a cause of action of title by adverse possession, known as the claim of right element, has been the focus of attention of the New York courts. This teleconference will address the monumental changes to New York's adverse possession law, delve into the recent interpretations by the courts regarding these changes and  more...

Implications of the First Investigations Under the FTC Guides for Endorsements and Testimonials in Advertising BenefitsThe benefits of word of mouth and viral marketing via blogs, Twitter , Facebook and other social media platforms are undeniable. These emerging technologies are rapidly taking hold in corporate America and are radically changing the marketing landscape. In an effort to stay current with the way consumers obtain product information, the Federal Trade Commission has, for the first time since  more...

Jeopardizing Exempt Status ...under the Fair Labor Standards Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken (or not taken) by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime. This teleconference is designed to help you identify issues which jeopardize  more...

Mental Health Record Compliance ...ypes of records that are subject to specific requirements under state and federal law. And unlike most nonmental health providers, your patients are often unable to directly deal with their own medical decision making. This teleconference will discuss the various general medical record restrictions you face, as well as the specific issues that arise in the mental health field. The program will  more...

Grant and Other Funding Opportunities Under the Patient Protection and Affordable Care Act of 2010 ...ing facilities, colleges and universities, and employers. Under several of the grant programs, state and local government, and nonprofit entities are flow-through entities through which eligible applicants can apply for federal grant funding. This teleconference will provide an understanding of how federal and state dollars will be allocated under the new law and recommended strategies for  more...

Family Responsibility Discrimination Law: Family Friendly Employer or Litigation Target? ...mployers have been the subject of increasing but not well understood claims based on FRD claims. These claims have been pursued under a variety of both federal and state laws, and have resulted in multimillion-dollar verdicts. This teleconference will help you understand how stereotypical thoughts about the work commitment and ability of employees with care obligations away from the workplace  more...

Ohio Prompt Payment Act Update ...understood or overlooked requirements that are critical to protecting project profitability. Cash flow is the lifeblood for most companies, but particularly contractors. Many contractors, subcontractors, specialty trades and suppliers are forced to finance the construction of a project as a result of delayed payment from their contracting partners, often resulting in widespread impact to their  more...

Principal Diagnosis Selection: Ensure Compliance with Official Coding Guidelines ...us upon third-party payer initiatives to second guess and undermine medical record coder's selection of principal diagnosis selection under the guise of medical necessity and accurate and compliant coding. Under the RAC Demonstration Project, a pattern of supposed coding errors and medical necessity errors were vested based upon clinically inaccurate and improper principal diagnosis selection.  more...

Handling Paid Leave Requests in New Jersey ...tly, we will review the processing of paid leave requests under employment policies in handbooks, and discuss how such policies can be structured to run both unpaid and paid leave concurrently, consistent with federal and state law requirements. This is your chance to get answers to these often tricky issues that have become even more complex in light of New Jersey's passage of paid leave  more...

Collection Disputes: A Good Defense Is the Best Offense ...dual debt collectors and possibly creditors, to liability under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. This teleconference is essential for you to ensure that you not only maximize your collection of accounts by avoiding delays caused by collection disputes, but also minimize your exposure to debtor lawsuits related to those same disputes. This teleconference  more...

Public Disclosure and Transparency: The New Form 990 ...pt organizations are subject to a variety of restrictions under the Internal Revenue Code regarding their lobbying and advocacy efforts. The new and redesigned Form 990 is intended to capture the level of these activities by exempt organizations. With the increased focus and disclosure of the activities of exempt organizations, organizations need to understand the limitations on these  more...

Reporting and Disclosure Requirements Under the American Recovery and Reinvestment Act of 2009 BenefitsThe passage of the American Recovery and Reinvestment Act of 2009 has presented a significant number of opportunities for government, not-for-profit and commercial entities to expand upon current and initiate new programs and services. However, ARRA also establishes a number of mandates that recipients must comply with or risk potential financial and legal penalties in addition to public  more...

Business Associate Agreements After the HITECH Act BenefitsThe HITECH Act includes important, new and far-reaching provisions concerning the privacy and security of health information that will materially and directly affect more entities, businesses and individuals in more diverse ways than ever before. The HITECH Act now directly obligates business associates to comply with the HIPAA Security Rule's administrative, physical and technical  more...

Landlord and Tenant Law: Commercial Tenant Bankruptcy Considerations BenefitsIn today's uncertain economic climate, commercial tenants may find themselves with diminishing cash flows and limited resources to satisfy their obligations to their landlords, leaving both grappling with tough decisions, including whether to renegotiate the existing lease, terminate the lease or exercise other remedies upon default. This teleconference will explore the rights, remedies  more...

IRS Form 8928: Health Plan Reporting and Excise Tax Update ...ese rules and pay related excise taxes, where appropriate under the Code and applicable regulations. This teleconference will help you understand the new reporting obligations, which make compliance with group health plan requirements more important than ever. James McElligott, a nationally recognized employee benefits attorney, will explain the new rules and how employers can avoid paying  more...

Code Section 409A ...lures to comply with the document requirements applicable under Code Sec. 409A to nonqualified deferred compensation plans. Employers that take advantage of the notice provisions would be able to avoid or reduce the current income inclusion and additional penalty taxes under Code Sec. 409A. As with the IRS' successful correction programs for qualified retirement plans, the IRS intends this  more...

Express and Implied Warranties Under UCC Article 2 ...under UCC Article 2 and the laws interpreting them provide a vast amount of information that can seem overwhelming at times. This teleconference will provide a general overview of the scope of Article 2 and the types of warranties offered by the UCC, and discuss the various defenses, remedies and damages available for each type of warranty. The discussion will include express warranties, the  more...

Is Your Health Care Plan Grandfathered Under the Health Care Reform? ...11, they must also take into account new federal mandates under the Patient Protection and Affordable Care Act, as modified by the Health Care and Education Reconciliation Act of 2010 (collectively, the 'Act'). The Act provides limited exceptions from the new federal mandates for certain grandfathered plans and new interim final regulations provide detailed guidance on how a plan may retain its  more...

Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single-Family Homes ... federal Interstate Land Sales Full Disclosure Act do not understand how to comply, or perhaps worse, they think they're in compliance when they're not. These developers do not understand either how to draft unit purchase agreements to comply with the completed home exemption or when circumstances of their program would indicate consideration of registration. This teleconference will help you  more...

Developing a Policy for Employee Use of Mobile Devices ...lular phones and laptop computers, and the rash of claims under the personal injury and workers' compensation laws. It will also address the many ways that both employers and employees frequently misuse mobile devices and the ramifications for doing so. This teleconference is critical for employers who need to know the limitations of their employees' privacy rights in the workplace and how to  more...

Liability, Cures and Defenses, and Rescission Under the Truth in Lending Act ...of various TILA claims. This teleconference will help you understand your potential liability, any cures or defenses available and how to determine the best course of action when faced with a TILA violation. It will also address the sometimes confusing rescission rules and ways of protecting against potential rescission claims. This teleconference is critical for anyone who often faces a TILA  more...

Current Issues in Real Estate Title and Title Insurance BenefitsThis teleconference is a nuts-and-bolts program designed to give you real life practical information to facilitate the closing of commercial and residential real estate transactions. You'll gain insight into the workings of the title industry to better prepare you to anticipate problems and assist in developing solutions to ultimately close the transaction. This teleconference will  more...

K9 Case Law Update BenefitsThe use of canines in law enforcement continues to increase in criminal investigation, detection and apprehension. Canine encounters have potential implications for prosecuting attorneys, criminal defense attorneys, civil litigation attorneys and labor law attorneys. This teleconference will provide you with an update of case law that addresses the issues that arise from the use of canines  more...

Basics of Trust Administration ...e an overview of basic principles of trust administration under U.S. law, including powers and duties of trustees; relations with beneficiaries; removal and replacement of trustees; the use of directed trustees, protectors and investment managers, etc., to 'slice and dice' trustee powers; probate court involvement in trust administration; and concepts in fiduciary accounting and income tax  more...

EPA's Rules on Compensatory Mitigation for Impact on Wetlands, Streams and Other Waters ...ules that dramatically changed its approach to mitigation under Section 404 of the Clean Water Act, which regulates fill in wetlands and other waters of the United States. The new rules adopt a mitigation hierarchy that moves away from the prior preference for on-site, in-kind mitigation in favor of mitigation banks and watershed-based mitigation programs. The rules also clarify the financial  more...

Avoiding Exposure Under The Illinois Wage Payment And Collection Act ...rence will bring you up-to-date on the latest development under the IWPCA, including how creative plaintiffs' attorneys are using the IWPCA in conjunction with other wage and hour statutes, and will provide guidance for addressing many of the more complex issues under the act, such as vacation pay, bonus plans and forfeiture provisions, repayment agreements and determining who is a covered  more...

Climate and Energy Policy: Interpreting State, Regional and Federal Discrepancies ...understanding of the federal, regional and state requirements - and incentives - with respect to greenhouse gas emissions. Many states are already regulating these emissions and EPA is adopting regulations to require reporting by a wide spectrum of industry and businesses. Understanding the existing rules is critical for analyzing the effects of pending federal legislation. The speakers will  more...

Collection Strategies for Locating Hidden and Transferred Assets ...familiar with the shell game in which someone puts a ball under one of several shells and then mixes up the shells leaving another person to guess which shell the ball is under. Debtors like to play 'hide the ball' under shell companies. Creditors who entertain that game are missing the ball! This teleconference is for those who want to learn how to pierce the corporate veil, pursue alter ego  more...

The FLSA Comp Time Controversy ... in relation to public agencies and private corporations. Under most circumstances, comp time is allowed by the FLSA for public agencies; however, a private corporation may have a labor agreement that outlines the specific award and use of comp time in place of financial compensation. Comp Time should not be confused with flex time and this teleconference will eliminate any confusion on this  more...

Secondary Sources of Repayment Fundamentals ...on the importance of evaluating collateral and guarantors under stressed rather than normal conditions, and provide examples and cases to illustrate this type of analysis. This teleconference will also reinforce basic lending principles as they pertain to secondary sources of repayment that were overlooked or compromised prior to the recession, and how they should impact future lending when the  more...

Forbearance Agreement Fundamentals ...rence will help parties to a defaulted or distressed loan understand what options may be available to them under a forbearance agreement - an arrangement with the lender wherein the lender agrees to either a temporary or permanent forbearance from exercising remedies as a result of the default in exchange for certain agreements by the borrower. This teleconference will also explain different  more...

Current Issues in CEQA ...ew into how courts are dealing with greenhouse gas issues under CEQA. Finally, we will present 2009 CEQA decisions impacting development of projects within the state. Learning Objectives - You will be able to specify recent and proposed CEQA decisions concerning greenhouse gases. - You will be able to debate mitigation impact and effects of greenhouse gases. - You will be able to examine  more...

Overdraft Opt-Ins: Protecting Your Bank Under Regulation E BenefitsIn response to public criticism and high-profile litigation relating to overdraft fees, the Federal Reserve Board revised Regulation E to give consumers the right to limit overdraft costs associated with certain transactions by giving consent or opting-in to a financial institutions overdraft program. Financial institutions must comply with the new regulation by July 1, 2010. This  more...

Payroll Tax Pitfalls: Preventing IRS Penalties and Personal Liability for Late Payments ...past due payroll taxes. This teleconference will help you understand the procedures and potential problems associated with making timely and accurate payroll tax deposits and payments. We will explain the penalties that can be assessed for noncompliance and the circumstances under which the IRS may waive penalties. After attending this teleconference, you will have an increased awareness of the  more...

Current Issues Facing Real Estate Lenders: Managing Through the Tidal Wave of Distressed Properties ... Credit markets are frozen and financial institutions are under severe distress. Real estate assets are suffering from deflation in value and illiquidity. Tenant distress, soon followed by landlord challenges, will create further deep disruptions. It is critical for financial institutions to fully realize the extent of the distress in the real estate market, what is driving it and how long  more...

Doing Business with Distressed Vendors and Customers: Strategies to Employ in Workouts, Litigation and Bankruptcy BenefitsThe strains of the current economic crisis are being felt in every industry and at every point in the supply chain. More and more often, vendors are encountering distressed buyers and buyers are dealing with distressed suppliers. Attend this teleconference and you will learn to recognize the early warning signs of financial distress, and be armed with strategies that can be employed in  more...

Meeting Your Fiduciary Responsibilities Under ERISA BenefitsMaintaining an employee benefit plan subject to the Employee Retirement Income Security Act of 1974 requires that people managing the plan or investing plan assets become fiduciaries. You need to know when they might become an ERISA plan fiduciary. You must understand your legal obligations to plan participants and beneficiaries. This teleconference will provide you with an overview of the  more...

Conducting Background Checks ...nd how the resulting data discovered can be used) must be understood or otherwise an employer will find themselves defending against their own illegal actions. This teleconference will discuss generally the kinds of background checks that can be conducted by employers and will likewise address the various legal restrictions imposed (primarily under federal law) for conducting background checks.  more...

The Art and Science of Ethically Firing a Client ...ken to successfully terminate your duties to that client? Under what circumstances is the lawyer entitled to recover any fees or expenses from its subsequent judgment in a contingent fee representation? How should you document your withdrawal? This informative 90-minute teleconference will cover the full range of issues and identify best practices and potential checklists for considerations. It  more...

Pervious Concrete - The Pavement That Drinks! ...s, rainfall is unable to soak into the ground as it would under natural conditions. It must therefore flow off the pavement and into adjacent areas, which can result in flooding, erosion and disruption of the environmental balance. Pervious concrete parking areas eliminate the need for retention ponds and other runoff collection methods, providing for more efficient land use. This benefits not  more...

Implications of the Unlawful Internet Gambling Enforcement Act ...s, banks, publishers, and Internet portals all face risks under U.S. law for providing services that are used by illegal gambling businesses. At the same time, there is considerable confusion about the types of Internet gambling that are legal and illegal in the United States, making the risks and opportunities for businesses difficult to understand. This teleconference will help those  more...

Criminal Liabilities Under HIPAA ...d. In addition, failing to be aware of criminal liability under HIPAA can lull health care providers into lax compliance efforts, thus exposing health care providers and individuals to increasingly severe sanctions. More importantly, depending on the facts of a given case, directors, officers and employees may also be directly liable in accordance with general principles of corporate criminal  more...

CERCLA Liability Update ...counsels may take to minimize liability and mitigate risk under CERCLA. Learning Objectives: - You will be able to review text and legislative history. - You will be able to discuss historical application of the doctrine. - You will be able to recognize exceptions to the doctrine. - You will be able to discuss what's on the horizon. Attorneys, engineers, project managers, environmental  more...

GSA Price Reduction Clauses (PRC) in Contracts ...oducts to the federal government. However, doing business under GSA FSS contracts presents a number of compliance issues, with one of the most important being the price reduction clause. This clause is included in all of the GSA Multiple Award Schedule schedules and essentially it guarantees that GSA receives a contractor's most favored customer pricing upon award and protects it from any lower  more...

8 Issues When Doing Business or Contracting With Native American Tribes ...ican Indian tribes in the United States, each established under a constitution unique to the tribe. Each tribe, through its constitution and subsequent legislation, has developed its own laws and regulations addressing issues of contracting, jurisdiction and waivers, if any, of sovereign immunity. Individuals and entities seeking to do business with and/or contract with one or more tribes must  more...

Construction Recordkeeping and Documentation Requirements for Government Contracts ...d retention obligations beyond what is minimally required under the contract. This teleconference will outline federal contractors' general recordkeeping obligations and will discuss penalties that can result from noncompliance. In addition, the speakers will provide practical considerations that should be taken into account by contractors in establishing their own record retention. Learning  more...

Enforcing Federal Garnishments ...nference will explain the different kinds of garnishments under federal law and their use and limitations. It will provide you with a common sense and practical guide for fulfilling the legal requirements imposed by such garnishments, including establishing protocols for the receipt, implementation and termination of garnishments, the proper calculation of the amount to garnish, what to do with  more...

Implications of the Stimulus Package on HIPAA ...the protection of health information privacy and security under HIPAA, some of which are already in effect. New requirements for business associates of HIPAA covered entities and requirements to notify individuals in the event of a breach are only two of the many areas affected in the new law, including new requirements for restricting and accounting of disclosures and increased enforcement  more...

Purchasing Law: Breach, Repudiation and Excuse ...e delivered. This teleconference will provide you a basic understanding about what you can do when your purchase contract goes bad. You will receive a primer on the steps you need to take to preserve your rights and the remedies that may be available under the Uniform Commercial Code. Learn about the important notifications you need to make when the goods arrive but are defective, or when you  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond ...nd trier of fact must take into account the circumstances under which police officers must make such decisions. The Court has also historically emphasized that district courts must consider the application of qualified immunity to any police case, including claims of excessive force. Scott v. Harris brings these two legal issues together in a case in which a police officer made a conscious  more...

Making Revisions to Closed Medical Records ...mation. When is it appropriate to make revisions, how and under what circumstances, and at whose request? This teleconference will enable health information professionals to know how to respond to requests to revise closed records, to know what is required for individual rights under HIPAA, and to know what belongs in any organization's procedures for revising closed medical records. You will  more...

Who Should Bear the Risk? Top 10 Things Developers Need to Know About Loan Documents ...ghtening in the commercial lending market, developers are under increased pressure to provide lenders with projects that present no more than a responsible risk. After an equity requirement, loan documentation is the primary vehicle for allocating risk between the parties. This teleconference will help you understand lenders' requirements and the variety of loan documentation solutions actively  more...

Taxation Issues When Conducting Business With Native American Tribes BenefitsThe American Recovery and Reinvestment Act of 2009 included a number of provisions designed to encourage economic development on Native American reservations, including expanded authority for American Indian tribes to issue tax-exempt bonds for projects on American Indian lands and a $500 million investment of funds for infrastructure, renewable energy, tribal detention facilities and  more...

Providing Investment Advice to Retirement Plan Participants Without Triggering Liability ...nt advice, including the new investment advice exemptions under the Pension Protection Act. Regulation of investment advice is rapidly changing. The Obama Administration has twice delayed the effective date of the final investment advice regulations under the Pension Protection Act, and new investment advice legislation is pending in Congress that could alter the regulatory landscape  more...

Clean Air Act Update ...acing unprecedented uncertainty as to future requirements under the Clean Air Act and an array of new programs addressing stationary and mobile emission sources. The Obama Administration and Congress are poised to usher in a new era of greenhouse gas and energy regulation. At the same time, the Obama EPA is confronting a bewildering array of court-ordered regulatory revisions and politically  more...

Major Issues in WiMAX Tower Leases and Zoning ...scrimination or other claims, such as claiming protection under federal cell tower zoning or telecommunications statutes, if their zoning results differ from those for cell phone companies. This teleconference will focus on the unique aspects of WiMAX tower leases and zoning, and help level the playing field by providing private and municipal property owners with the expertise of two faculty  more...

Current ERISA Fiduciary Issues for Financial Institutions ...ave long been faced with difficult and complicated issues under ERISA's fiduciary rules. The current economic downturn has given rise to a new round of legislative and regulatory initiatives regarding ERISA's fiduciary rules and has more generally affected the manner in which ERISA may affect financial institutions. In addition, the regulatory environment continues to evolve, apart from any  more...

Eichleay Damages and Delay Claims ...on standby the contractor cannot take on substitute work. Under this stricter federal standard, a contractor must demonstrate effective suspension of much or all of its work to satisfy the standby requirement for entitlement to Eichleay damages. Should you even focus on Eichleay damages in your delay claim? What are keys to a successful delay claim? What contract provisions will bolster a delay  more...

Collective Bargaining and Construction Labor Contracts ...hat the agreements do not accurately represent the verbal understandings they had reached with the union. Many of these contractors soon learn they are bound to the collective bargaining agreements for longer periods of time than expected and that the agreements cover all projects involving work within the union's jurisdiction. As a result, the contractors exposed their businesses to increased  more...

Employer's HIPAA Privacy and Security Responsibilities ...Under HIPAA and State Laws Create Obligations for Employers /strong Personal and company confidential data, exceedingly valuable assets, are under siege. Organizations across the country and locally have experienced significant data breaches resulting in unauthorized access to a vast amount of personal and company confidential information. At the same time, technology continues to advance  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ... records an income tax lien, lien priority determinations under state law may be complicated by governed federal laws. This teleconference will discuss HOA lien priority according to state statutes, which may be preempted by the federal tax code. We will also discuss when the federal tax lien does not take priority over an HOA lien. Considering these respective lien rights, we will discuss an  more...

Low Quality Asphalt: How to Avoid Problems Down the Road ...ractical and how to choose the specific materials for use under different conditions. Both advantages and potential problems with each method will be discussed. Learning Objectives - You will be able to analyze and evaluate distressed pavements. - You will be able to apply cost and risk in pavement considerations. - You will be able to illustrate rehabilitation of distressed pavements. - You  more...

Revised Federal Form 1065 ...n the form of limited liability companies and being taxed under the partnerships rules as a pass through entity. The preparation of a partnership income tax return is becoming increasingly more challenging as the IRS increases the level of transparency and reporting. The purpose of this teleconference is to highlight important areas for your attention and practical preparation tips as well as  more...

Recent Updates to the EPA's Brownfields Program ...lds Program. You will learn about benefits you can obtain under the Federal Brownfields Program, the status of the program and some of the risks to brownfields development resulting from a recent Supreme Court case and environmental risks associated with vapor intrusion. Learning Objectives - You will be able to summarize regulatory updates. - You will be able to predict how the stimulus  more...

The Claims Process on Federal Government Contracts - Maximizing the Return on Your Investment ...inations. However, all too often these contractors do not understand how to effectively seek compensation for these additional costs. This teleconference will help you understand the types of costs you can recover, the circumstances under which certain costs may be recovered and how to go about recovering these costs. This teleconference also explains the claims process under federal  more...

Assignments for the Benefit of Creditors: What You Need to Know About ABC's ...dation of a distressed business that while long available under state laws, has had little use outside of states such as California, Illinois, Florida and Massachusetts. The fiduciary nature and responsibilities of the assignee will be covered, as will the advantages and disadvantages to the process as compared to bankruptcy. You will gain a better understanding of the nature of general  more...

IRC Section 41: Credit for Increasing Research Activities Update ...rence will feature a discussion around one of the most misunderstood and misapplied sections of the Internal Revenue Code, Section 41 - Credit for Increasing Research Activities. Our team of former Big Four partners and managers has collectively worked on more than 500 research tax credit studies during our careers. Learn from some of the top technicians in the industry on what can and can't be  more...

Climate Change and Federal Greenhouse Gas Reporting Rules ...luding possible new source performance standards for GHGs under the Clean Air Act. This teleconference helps those responsible for GHG monitoring and reporting understand how the new rule is structured, and the timing and scope of required compliance. This teleconference will provide an overview of the scope and intent of the rule. This teleconference will also discuss how the rule fits in with  more...

Measurement, Management, Reduction: Tools for Tracking Waste in Construction Projects ...nciples across the construction industry, contractors are under more and more pressure to understand the environmental impacts of their business. Documentation of construction waste recycling and waste avoidance measures is now required on many new construction jobs. This teleconference will discuss the business case for managing and reducing waste from construction projects. You will learn how  more...

Changes of Status Checklist ...g when you can allow an employee to change their election under your cafeteria plan. It will also cover what happens when an individual has a change in status while on COBRA. We will cover the details of what is considered a change in status, how this will impact the cost of benefits to your employees, and other key administrative issues. Human resource managers, benefits professionals,  more...

Uniform Customs and Practice for Documentary Credits Update BenefitsOn July 1, 2007, the rules governing letters of credit, the Uniform Customs and Practice for Documentary Credits, changed for the first time in over 12 years. The objective of this change is to clarify the rules, reduce discrepancies and disputes, and encourage renewed usage of letters of credit. Significant revisions include a change in the amount of time banks are allowed to examine  more...

OFCCP Compliance for Construction Contractors ...ent are subject to numerous nondiscrimination obligations under Executive Order 11246, the Rehabilitation Act of 1973, and the Vietnam Era Veterans Readjustment Assistance Act. Because of the renewed emphasis on construction contractors by the Department of Labor's Office of Federal Contract Compliance Programs, contractors must be well prepared to defend their employment practices. This  more...

Fast-Track Construction: Opportunities and Challenges Management ...tically changing the way projects are designed and built. Understanding the challenges and inherent risks of fast-track construction and these trends can help owners, architects, engineers and contractors maximize their potential for profit and success. Owners are attracted to fast-track construction for potential money and time savings, but may not be aware of trade-offs that may cause some  more...

Your Organization's Obligations Under the FTC's Red Flags Rule: A Comprehensive Overview ...elp you determine whether you are subject to the rule and understand what steps you must take to implement the rule's requirements. The discussion of the rule's scope will take into account various federal agency guidance, recent litigation that challenged the scope of the rule and proposed legislative action. The teleconference also will address the specific steps that you must take to comply  more...

Uncovering Workers' Compensation Fraud ...ion or report inaccurate payrolls are potentially able to under-bid legitimate businesses on jobs. This teleconference will help you understand what workers' compensation fraud is, what a good investigation entails and how to avoid the pitfalls. The teleconference will also explain how workers' compensation fraud cases are prosecuted and why some cases cannot be prosecuted. This teleconference  more...

Understanding Design and Construction Defects ...e bridge whose cables flex and snap, the concrete that is under-strength or structurally deficient, the roof that leaks, the adhesives that do not bond and the paint that peels, to name only a few examples. Construction defects can affect projects in ways ranging from poor aesthetics to catastrophic collapse with tragic human toll. This teleconference will help you understand why defects occur,  more...

Taxation and Accounting Methods of Executive and Employee Bonuses ...under Section 409A of the Internal Revenue Code governing deferred compensation. However, many employers are not aware of the broad coverage of Section 409A and the fact that some normal payroll practices, such as bonus payments, may be covered by the new rules or the accounting issues that are raised by these programs. This teleconference will help you determine whether your bonus program is  more...

Discipline and Termination Considerations for Employees on Leave BenefitsIn an economy when many employers are forced to terminate employees, they should be cognizant of federal and state laws that may be implicated with respect to employees on leave. Employee leave can be as short as a few hours to vote, several months to care for a newborn or longer than a year due to a disability. In the event that an employee who is on leave will be terminated, whether for  more...

Medical Professionals and Social Media: Privacy and Security Issues ...ologies can carry significant risks of privacy violations under HIPAA and the potential for reportable breaches under HIPAA, either through data held on or transmitted by the devices, or via the information they may access remotely. Find out what it takes to bring these new technologies under control and allow them to bring about the significant health care benefits they may enable. Learn what  more...

Determining When an Individual With a Disability Is "Qualified" Under the ADA BenefitsAlthough recent amendments have been made to the Americans with Disabilities Act, the requirement that an applicant or employee with a disability be 'qualified' for the job sought or held has not changed. Drawing on regulations from the Equal Employment Opportunity Commission and decisions from federal courts across the country, this teleconference will provide participants with  more...

Prequalification in Government Construction Contracts ...procurements such as the Model Procurement Code, entities under federal grant programs and bidders' due process rights will also be discussed. Learning Objectives: - You will be able to discuss the relationship between prequalification and responsibility. - You will be able to review the Model Procurement Code. - You will be able to define prequalification and competitive range determinations.  more...

Managing Job Accommodations Under the ADA: Using Medical Experts BenefitsEmployers are confronted every day with requests for job accommodations from employees. You as the employer should control the job accommodation process - but how do you do that? What are your legal obligations? More importantly, what are your rights? When and what type of medical documentation can be requested of the employee? When can you request an IME? When can you use a medical  more...

ADA Update: Overview of Americans with Disabilities Act and Practical Implications for Employers ...substantially alter and expand the definition of disabled under the ADA and who might be protected. This teleconference will review the ADA amendments and related issues, provide you with practical advice on how to comply with the ADA, and address common ADA and employment issues that may be impacted by the new law. Human resource managers, benefits professionals, business owners and managers,  more...

Managing External Health Information ...rtain where to store it and so have filed the information under the miscellaneous tab of a traditional paper record, which has become the 'kitchen junk drawer' of the medical records department. With increasing numbers of providers converting to electronic medical records, the question of how - and whether - to address and integrate these records into the facility's medical records is becoming  more...

FCRA and FACT Act Regulatory and Litigation Update 2009 ...under the Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act have become effective. These rules restrict cross-marketing by financial institutions and other companies; impose new requirements on companies that use credit reports; and require lenders and others to establish new fraud prevention programs. In addition, a spate of federal court decisions interpreting the  more...

Successfully Maneuvering the Tax Maze of Amortization Rules nEfforts to simplify the rules on capitalization and amortization of intangible assets and benefits have resulted in a few lengthy sets of regulations that are often not easy to remember or apply. This teleconference provides a framework for identifying and applying the tax rules for the acquisition and creation of intangible assets, as well as costs to facilitate such transactions. Special  more...

Tenancies in Common - Legal and Practical Issues ...000 offerings. In the last year, the number of materially under-performing TIC transactions has increased. As the commercial real estate market worsens, more workouts will be likely. This teleconference is aimed at helping those who have an interest in the property which is the subject of the TIC transaction consider the various issues affecting distressed TIC transactions. The teleconference  more...

2009 Updates to the International Residential Codes ...ed expense. On the other hand, homes that are constructed under the new 2009 IECC are forecasted to save 15-20 percent more energy than homes built under the 2006 code. This teleconference will take you through the changes to learn what lies ahead in the building code industry and how it will affect your business. n nLearning Objectives n- You will be able to apply new regulations for automatic  more...

Management and Protection of Wetland Buffers ... and serve as a source of detritus for aquatic food webs. Under federal and state regulatory mechanisms that have been promulgated to manage jurisdictional wetlands, these important areas are often overlooked or purposefully ignored. This teleconference will review the ecological benefits and functions of wetland buffers, and will discuss management and protection of these important features. n  more...

Impact of the New ADA Amendments on Schools ...nd also to students eligible for education accommodations under Section 504 of the Federal Rehabilitation Act of 1973. In subsequent years, Supreme Court decisions (Sutton v. United Airlines [1999], Toyota v. Williams [2002] and others) severely narrowed the range of disabled individuals considered eligible for ADA protection. Responding to concerns of both labor and education, Congress passed  more...

Preparing for and Properly Reacting To Legal and Illegal Drug and Alcohol Use in the Workplace ... the problem improperly can lead to significant liability under federal and law, including the Americans With Disabilities Act and employee privacy laws. This teleconference will help you understand what laws may govern or affect workplace decisions relating to drugs and alcohol. You will also learn how to develop appropriate policies that can be tailored to particular workplaces, train  more...

Optimize Your Workforce Scheduling ... is a significant cost of production, management is often under pressure to keep their workforce lean and flexible. The aim of workforce scheduling is to balance constraints to ensure that the right people with the right skills are in the right place at the right time. Workforce planning provides a systematic approach to determining staffing needs, analyzing the current workforce skills and  more...

Purchasing Contract Disputes ...o success stories. This introductory course will help you understand how such disputes arise, how to avoid them and how to deal with those legal disputes that you can't avoid. You'll gain an understanding of standard contract provisions and processes used by Fortune 500 companies to constructively address the typical disputes that arise in any business relationship. You will also learn about  more...

Clean Water Act Jurisdiction Guidance Under the New Administration - Rapanos or Oberstar? ...d loss of jurisdiction. This teleconference will help you understand the ever-changing jurisdictional landscape and navigate a course to project approval. The teleconference will explain how we got here and what to expect next. Failing to give proper consideration to Clean Water Act jurisdictional issues on the front end can delay a project, substantially increase costs and occasionally kill a  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax ...most U.S. states impose income tax on multistate business under the principles contained in the Uniform Division of Income for Tax Purposes Act, state courts and taxing authorities have interpreted that set of relatively uniform laws differently, especially with regard to the definition of business income. The differing interpretations of business income have increased significance to  more...

Multistate Sales Tax Issues for Contractors ...understanding who and what is subject to sales and use taxes, including who is responsible for collecting the sales tax or paying the use tax, e.g., who is the ultimate consumer, the differences between real and personal property, the taxation of repairs and repair services, and the taxation of intangibles such as warranties. Without an understanding of these concepts, a contractor may  more...

Maximizing Innovation and Design Process Credits for LEED. Certification ...understand how to gain credits for advanced green building practices, including both system technologies and design innovations, which may qualify under the Innovation and Design Process section. The IDP section and qualifications policy has been reworked under the 2009 revisions to the LEED® program. n nThe information in this teleconference is important to anyone involved with major green  more...

The Streamlined Sales Tax Project - How and Why It Affects Your Business ...ysical presence standard established in Quill. Therefore, under an economic nexus standard, taxpayers would be required to collect sales tax on all sales, regardless of whether they are physically present in a state. This could lead to a substantial confusion for taxpayers and tax jurisdictions. The SSTP represents the most comprehensive attempt at broad-based reform of the sales tax system  more...

Employee Retaliation: Supreme Court Update .... 1951 (2008) that employees can bring retaliation claims under Section 1981, a post-Civil War era race discrimination act, even though the law does not expressly refer to retaliation. Moreover, the CBOCS West decision recognizes a retaliation claim brought by an individual of any race, who suffers an adverse action as a result of attempting to help another employee who has been directly  more...

On-Site Power Generation: Challenges, Opportunities and New Developments ...lp you to ensure appropriate power reliability through an understanding of proper design and safe operations of on-site generator equipment and controls. n nNew developments in this field include new air quality requirements under federal New Source Performance Standards and federal NESHAPS. These new requirements are in effect now and additional NSPS requirements are being implemented in a  more...

What the New Ledbetter Pay Act Means for Employers nOn January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, effectively changing the landscape of the statute of limitations for equal pay discrimination claims. The act greatly expands the amount of time that employees have to bring claims of discriminatory pay practices, which could have a substantial impact on employers. This teleconference will help the  more...

Current Trends in Transit-Oriented Development ...n has fallen. This teleconference will help you to better understand what TOD is and how it will benefit under President Barack Obama's plan for a national economic stimulus. You'll find out what states, regional transit agencies and local governments are doing to encourage economic development through TOD and the role for the private sector, including investors and developers looking for new  more...

Using Medical Certifications to Minimize Employer Liability: FMLA, ADA and Workers' Comp ...to be a valuable tool to protect employers from liability under the ADA, the Family and Medical Leave Act of 1994, and state workers' compensation statutes. But the legal landscape for managing employee health issues has had many changes in recent months. Amendments to the ADA took effect January 1, 2009. The Genetic Information Nondiscrimination Act also takes effect in 2009. Employers are  more...

Multiplaintiff Settlement Negotiations ...ers are facing wage and hour cases and collective actions under the FLSA. Plaintiffs' counsel increasingly are relying on the benefits of Rule 23 certification to bring their wage and hour claims under applicable state wage and hour laws, bypassing the more restrictive FLSA collective action "opt-in" process. Where courts have shown reluctance to certify Rule 23 classes under discrimination  more...

Answers to Top 10 Common Payroll Questions ... their payroll practices, which may be entirely compliant under federal regulations, do not comply with differing state laws and regulations. Register for this teleconference and learn how to prevent 10 common payroll-related mistakes that employers face, such as proper pay statements, how to correctly calculate pay and overtime, accounting for vacation and time off policies, and special pay  more...

Understanding the COBRA Alternative Coverage Rules nThis teleconference is essential for company personnel who are involved with COBRA coverage and what can be done to reduce costs. In lieu of a company's traditional health plan, for COBRA purposes, the company is allowed to offer alternative health coverage although the procedure for doing so is quite complicated. n nDiscussed first is what constitutes the various forms of alternative health  more...